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Bureau   of   railway 


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AWARD 


ARBITRATION 

between 
THE  WESTERN  RAILROADS 

and 

BROTHERHOOD  OF  LOCOMOTIVE 
ENGINEERS  and 

BROTHERHOOD  OF  LOCOMOTIVE 
FIREMEN  AND  ENGINEMEN 

Submitted  to  Arbitration,  under  the  Act  of 

July  15, 1913,  by  Agreement  dated 

August  3,  1914. 


CHICAGO.  ILLINOIS 
APRIL  30. 1915 


Law  Reporting  Company,  OfflciaX  Beportera, 
lis  Broadway,  New  York;  1101  AMand  Block,  Chicago. 


AWARD 


ARBITRATION 

between 
THE  WESTERN  RAILROADS 

and 

BROTHERHOOD  OF  LOCOMOTIVE 
ENGINEERS  and 

BROTHERHOOD  OF  LOCOMOTIVE 
FIREMEN  AND  ENGINEMEN 

Submitted  to  Arbitration,  under  the  Act  of 

July  15,  1913,  by  Agreement  dated 

August  3,   1914. 


CHICAGO.  ILLINOIS 
APRIL  30.  1915 


Law  Beporting  Company,  Official  Reporters, 
115  Broadway,  New  YorTc;  1101  Ashland  Block,  Chicago. 


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ARBITRATION 

OF  THE  CONTROVEESY  BETWEEN  THE  BROTHER- 
HOOD OF  LOCOMOTIVE  ENGINEERS  AND  THE 
BROTHERHOOD  OF  LOCOMOTIVE  FIRE- 
MEN AND  ENGINEMEN 

AND  THE  FOLLOWING  WESTERN  RAILROADS: 

Atchison,  Topeka  &  Santa  F^  Ry. — Eastern  Lines. 
Atchison,  Topeka  &  Santa  Fe  Ry. — ^Western  Lines. 

Southern  Kansas  Ry.  of  Texas. 

Pecos  &  Northern  Texas  Ry. 

Pecos  River  R.  R. 

Rio  Grande  &  El  Paso  R.  R. 
Atchison,  Topeka  &  Santa  Fe  Ry. — Coast  Lines. 

Grand  Canyon  Ry. 
A.  T.  &  S.  F.  Ry. — Santa  Fe,  Prescott  &  Phoenix  Lines. 
Gulf,  Colorado  &  Santa  Fe  Ry. 

Texas  &  Gulf  Railway. 

Gulf  &  Interstate  Ry.  of  Texas. 

Concho,  San  Saba  &  Llano  Valley  R.  R. 
Baltimore  &  Ohio  Chicago  Terminal  R.  R. 
Belt  Ry.  of  Chicago  (Firemen  only). 
Canadian  Northern  Railway. 

Duluth,  Winnipeg  &  Pacific  Ry. 
Canadian  Pacific  Ry. — Lines  West  of  Fort  William. 
Chicago  &  Alton  Railroad. 
Chicago  &  North  Western  Ry. 

Pierre  &  Fort  Pierre  Bridge  Ry. 

Pierre,  Rapid  City  &  Northwestern  R.  R. 

Wyoming  &  Northwestern  Ry. 
Chicago  &  Western  Indiana  R.  R.  (Firemen  only). 
Chicago,  Burlington  &  Quincy  R.  R. 
Chicago  Great  Western  R.  R. 
Chicago  Junction  Ry. 

Chicago,  Milwaukee  &  St.  Paul  Ry. — Eastern  Lines. 
Chicago,  Milwaukee  &  St.  Paul  Ry. — Puget  Sound  Lines. 

Bellingham  &  Northern  R.  R. 

Tacoma  Eastern  R.  R. 


G17049 


2 

Chicago,  Rock  Islan^d  &  Pacific  Ry. 

Chicago,  Eock  Island  &  Gulf  Ry. 
CoLOKADo  &  Southern  Ry. 
Chicago,  St.  Paul,  Minneapolis  &  Omaha  Ry. 
Davenpoet,  Rock  Island  &  North  Western  Ry. 
Denver  &  Rio  Grande  R.  R. 
DuLUTH,  South  Shore  &  Atlantic  Ry. 

Mineral  Range  R.  R. 
El  Paso  &  Southwestern  Ry. 
Fort  Worth  Belt  Ry. 
Fort  Worth  &  Denver  City  Ry. 

Wichita  V.alley  Ry. 
Great  Northern  Ry.  System. 
Illinois  Central  R.  R. 

Yazoo  &  Mississippi  Valley  Ry. 
International  &  Great  Northern  Ry. 
KIansas  City,  Clinton  &  Springfield  Ry. 
Kansas  City  Southern  Ry. 

Texarkana  &  Ft.  Smith  Ry. 
Kansas  City  Terminal  Ry. 
Louisiana  &  Arkansas  Ry. 

Minneapolis,  St.  Paul  &  Sault  Ste.  Marie  Ry. 
Missouri  &  North  Arkansas  R.  R. 
Missouri,  Kansas  &  Texas  Ry. 

Missouri,  Kansas  &  Texas  Ry.  of  Texas. 

Beaumont  &  Great  Northern  R.  R. 

Texas  Central  R.  R. 

Wichita  Falls  Lines. 
Missouri,  Oklahoma  &  Gulf  Ry. 
Missouri  Pacific  Ry.  and  St.  Louis,  Iron  Mountain 

Southern  Ry. 
Northern  Pacific  Ry\ 

Oregon-Washington  R.  R.  &  Navigation  Co. 
Oregon  Short  Line  R.  R. 

St.  Louis  &  San  Francisco  R.  R.  (Except  Hostlers). 
New  Orleans,  Texas  &  Mexico  R.  R. 

Orange  &  Northwestern  R.  R. 

Beaumont,  Sour  Lake  &  Western  Ry. 
St.  Louis,  Beownsvili^e  &  Mexico  Ry. 


St.  Louis,  San  Feancisco  &  Texas  Ey. 

Fort  Worth  &  Eio  Grande  Ey. 
St.  Louis  Southwestern  Ey. 

St.  Louis  Southwestern  Ey.  of  Texas. 
San  Antonio  &  Aeansas  Pass  Ey. 
San  Pedeo,  Los  Angeles  &  Salt  Lake  E.  E. 
Southern  Pacific  Co. — Pacific  System. 
Sunset  Central  Lines: 

G-alveston,  Harrisburg  &  San  Antonio  Ey. 

Houston  &  Texas  Central  E.  E. 

Houston  East  &  West  Texas  Ey. 

Houston  &  Shreveport  E.  E. 

Texas  &  New  Orleans  E.  E. 

Morgan's  Louisiana  &  Texas  E.  E.  and  Steamship  Co. 

Louisiana  Western  E.  E. 
Spokane,  Portland  &  Seattle  Ey. 

Oregon  Trunk  Ey. 
Terminal  Eailroad  Association  of  St.  Louis. 

St.  Louis  Merchants  Bridge  Terminal  Ey. 
Texas  &  Pacific  Ey. 

Denison  &  Pacific  Suburban  Ey. 

Weatherford,  Mineral  Wells  &  N.  W.  Ey. 
Trinity  &  Brazos  Valley  Ey. 
Union  Pacific  E.  E. 
Union  Eailway — Memphis. 
Union  Stock  Yards  of  Omaha. 

Wabash  Eailroad — Lines  West  of  Detroit  &  Toledo. 
Western  Pacific  Ey. 
The  Wiggins  Ferry  Co. 

On  October  10,  1913,  the  Brotherhood  of  Locomotive  Engi- 
neers and  Brotherhood  of  Locomotive  Firemen  and  Enginemen, 
through  their  duly  accredited  officers,  in  support  of  the  demands 
of  the  Engineers,  Firemen  and  Hostlers,  presented  a  request  on 
behalf  of  all  such  Employes  of  these  Eailroads  for  an  increase 
in  wages  and  for  sundry  improvements  of  the  rules  controlling 
conditions  of  service.  Meetings  were  held  between  the  Com- 
mittee representing  the  Employes  and  the  Conference  Commit- 
tee of  Managers  representing  the  Eailroads,  in  Chicago,  Illinois, 


and  negotiations  were  carried  on  and  a  strike  vote  was  taken, 
and  the  Committee  representing  the  Employes  and  the  Confer- 
ence Committee  of  Managers  faihng  to  adjust  the  controversy, 
the  parties  at  interest  invoked  the  provisions  of  the  Act  of 
July  15,  1913,  by  calling  on  the  United  States  Board  of  Media- 
tion and  Conciliation  to  undertake  to  settle  the  controversy  by 
mediation. 

Honorable  William  L.  Chambers,  Judge  Martin  A.  Knapp 
and  G.  W.  W.  Hanger,  of  the  United  States  Board  of  Media- 
tion and  Conciliation,  conferred  with  the  parties  at  Chicago  for 
several  days,  and,  failing  to  settle  the  controversy  by  mediation, 
on  August  3,  1914,  the  matter  was  submitted  to  arbitration  by 
agreement. 

The  parties  agreed  that  the  matters  in  controversy  should 
be  submitted  to  an  Arbitration  Board  composed  of  six  members, 
two  to  be  appointed  by  the  Brotherhoods,  two  by  the  Eailroads, 
and  two  neutral  members.  The  Brotherhoods  named  as  their 
representatives  on  the  Board,  F.  A.  Burgess,  of  Cleveland,  Ohio, 
Assistant  Grand  Chief,  Brotherhood  of  Locomotive  Engineers, 
and  Timothy  Shea,  of  Peoria,  Illinois,  Assistant  President, 
Brotherhood  of  Locomotive  Firemen  and  Enginemen.  The  Eail- 
roads named  as  their  representatives  on  the  Board,  H.  E.  Byram, 
of  Chicago,  Illinois,  Vice-President,  Chicago,  Burlington  & 
Quincy  Railroad,  and  W.  L.  Park,  of  Chicago,  Illinois,  Vice- 
President,  Illinois  Central  Railroad.  The  four  members  of  the 
Board  thus  chosen,  having  failed  to  agree  upon  the  two  neutral 
arbitrators  within  fifteen  days  as  provided  in  the  Act  of  July  15, 
1913,  on  September  8,  1914,  notified  the  United  States  Board  of 
Mediation  and  Conciliation  that  they  had  failed  to  agree  upon 
the  two  neutral  arbitrators.  On  November  21,  1914,  the  United 
States  Board  of  Mediation  and  Conciliation  notified  the  four 
arbitrators  chosen  by  the  parties  that  under  provision  of  the 
Act  of  July  15,  1913,  the  Board  had  named  as  the  remaining 
arbitrators  Jeter  C.  Pritchard,  of  Asheville,  North  Carolina,  and 
Charles  Nagel,  of  St.  Louis,  Missouri.  The  date  for  the  begin- 
ning of  the  hearings  was  set  for  November  30,  1914. 

The  Board  of  Arbitration,  appointed  as  above,  held  its  first 
meeting  in  Room  603,  Federal  Building,  Chicago,  Illinois,  on 
Monday,  November  30,  1914.    Jeter  C.  Pritchard,  of  Asheville, 


North  Carolina,  was  elected  Chairman  of  the  Board;  H.  S. 
Milstead,  of  Washington,  D.  C,  was  appointed  Secretary,  and 
William  A.  Britt,  of  Asheville,  North  Carolina,  was  appointed 
Assistant  Secretary. 

Public  hearings  were  held  from  November  30,  1914,  to  and 
including  March  18,  1915.  On  March  29,  1915,  briefs  were  sub- 
mitted by  both  sides  and  arguments  were  had  from  March  29 
to  and  including  April  2,  1915. 

Testimony  was  taken  from  November  30,  1914  (including 
arguments),  to  and  including  April  2,  1915,  printed  pages  1  to 
7828,  inclusive.  Exhibits  were  presented  by  the  Employes,  num- 
bers 1  to  89,  and  exhibits  presented  by  the  Railroads,  1  to  50, 
inclusive. 

The  original  agreement  to  arbitrate,  dated  August  3,  1914, 
provided  for  making  and  filing  the  award  within  ninety  days 
from  the  date  of  the  first  hearing.  It  being  impossible  for  the 
Board  to  conclude  its  labors  within  the  time  specified  in  the 
original  agreement,  on  February  16, 1915,  a  supplemental  agree- 
ment was  entered  into  extending  the  time  in  which  the  Board 
might  reach  its  decision  and  file  its  award  to  and  including  the 
20th  day  of  April,  1915.  The  Board  subsequently  finding  that 
it  could  not  reach  a  conclusion  and  file  its  award  by  the  20th 
day  of  April,  a  second  supplemental  agreement  was  entered  into 
extending  the  time  in  which  the  Board  might  reach  its  decision 
and  file  its  award  to  and  including  the  30th  day  of  April,  1915. 
The  Board  was  in  executive  session  from  April  3,  1915,  to  and 
including  April  30j  1915,  the  date  of  the  making  and  filing  of 
this  award. 

After  due  deliberation  and  consideration  of  all  the  evidence, 
exhibits,  arguments  and  briefs,  the  Board  has  reached  a  con- 
clusion in  respect  of  the  demands  of  the  Employes  for  increased 
rates  of  pay  and  for  improved  conditions  of  service,  and  make 
the  award  as  follows  upon  all  the  matters  contained  in  the 
Articles  of  Submission : 


AWARDED. 

PROPOSED  BY  EMPLOYES:    ARTICLE  I. 

BASIS   OF  A  DAY'S  WOEK. 
Passenger  Service. 

One  hundred  miles  or  less,  five  hours  or  less,  will  constitute 
a  day's  work  in  all  classes  of  passenger  service.  All  mileage  in 
excess  of  100  miles  shall  be  paid  for  pro  rata. 

All  Other  Service  Except  Switching. 

One  hundred  miles  or  less,  10  hours  or  less,  will  constitute 
a  day's  work  in  all  classes  of  service  except  passenger  and 
switching  service.  All  mileage  in  excess  of  100  miles  shall  be 
paid  for  pro  rata.  Ten  miles '  run  will  be  the  equivalent  of  one 
hour's  service  performed,  or  vice  versa. 

OVERTIME   IN  ROAD   SERVICE. 
Passenger  Service. 

Overtime  in  passenger  service  will  be  computed  and  paid 
for  on  a  basis  of  twenty  miles  per  hour,  at  rate  for  each  class 
of  engine  used. 

All  Other  Road  Service. 

Overtime  in  all  other  service  except  passenger  and  switch- 
ing service  will  be  computed  on  a  basis  of  ten  miles  per  hour, 
and  paid  for  at  the  rate  of  15  miles  per  hour,  at  rate  for  each 
class  of  engine  used. 

All  overtime  will  be  computed  on  the  minute  basis. 

IT  IS  AWARDED:     ARTICLE  I. 

BASIS  OF  DAY  AND  OVERTIME. 

Passenger  Service. 

The  minimum  passenger  rate  for  engineers  shall  be  $4.30, 
and  for  firemen  $2.50,  one  hundred  (100)  miles,  or  less,  six  (6) 
hours  and  forty  (40)  minutes,  or  less,  shall  constitute  a  minimum 
day's  work  in  all  classes  of  passenger  service  except  as  otherwise 


/ 


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'3 


specified  herein;  miles  made  in  excess  of  one  liundred  (100)  pro 
rata. 

On  short  turn  around  runs  no  single  trip  of  which  exceeds 
eighty  (80)  miles,  including  suburban  service,  overtime  shall  be 
paid  for  all  time  actually  on  duty  or  held  for  duty  in  excess  of 
eight  (8)  hours  (computed  on  each  run  from  the  time  required 
to  report  for  duty  to  end  of  that  run)  within  twelve  (12)  consec- 
utive hours;  and  also  for  all  time  in  excess  of  twelve  (12)  con- 
secutive hours  computed  continuously  from  the  time  first 
required  to  report  to  final  release  at  end  of  last  run.  Time  shall 
be  counted  as  continuous  service  in  all  cases  where  the  interval 
of  release  from  duty  at  any  point  does  not  exceed  one  hour. 

All  other  passenger  overtime  shall  be  computed  on  the  basis 
of  fifteen  (15)  miles  per  hour  from  the  time  required  to  report  for 
duty  until  released,  and  separately  for  each  part  of  a  round  trip 
run. 

All  passenger  overtime  will  be  paid  for  at  the  rate  of  seven- 
ty-five (75)  cents  per  hour  for  engineers  and  forty-five  (45)  cents 
for  firemen,  and  will  be  computed  on  the  minute  basis. 

When  employes  of  any  road  elect  to  retain  their  present 
^  overtime  basis,  no  part  of  this  Article  is  to  be  used  in  computing 
or  paying  passenger  overtime. 

Freight  Service. 

The  minimum  freight  rate  for  engineers  and  firemen  shall 
be  according  to  class  of  locomotive,  as  provided  in  Article  II,  for 
ten  (10)  hours,  or  less,  or  one  hundred  (100)  miles,  or  less ;  miles 
made  in  excess  of  one  hundred  (100)  pro  rata. 

Overtime  in  freight  service  is  to  be  computed  on  the  basis 
of  ten  (10)  miles  per  hour,  and  paid  pro  rata  on  the  minute 
basis. 

General. 

Road  engineers  and  firemen  required  to  perform  a  combina- 
tion of  more  than  one  class,  of  road  service  during  the  same  trip 
will  be  paid  at  the  rate  and  according  to  the  rules  governing  each 
class  of  service  for  the  time  or  miles  engaged  in  each,  but  will 
be  paid  for  the  entire  trip  not  less  than  a  minimum  day  at  the 
highest  rate  applying  for  any  class  of  service  performed  during 
such  trip. 


8 

Where  two  or  more  engines  of  different  weights  on  drivers 
are  used  during  a  trip  or  day's  work,  the  highest  rate  applicable 
to  any  engine  used  should  be  paid  for  the  entire  day  or  trip. 

PROPOSED  BY  EMPLOYES:     ARTICLE  II. 

RATES   OF  PAY. 
Passenger  Service. 

The  rate  in  passenger  service  on  locomotives  other  than  the 
Mallet  type  weighing  less  than : 

Engineers     Firemen 

80,000  lbs.  on  drivers  shall  be $4.50  $2.90 

80,000  lbs.  and  less  than  100,000  lbs.  on  drivers 4.60  3.00 

100,000  lbs.  and  less  than  140,000  lbs.  on  drivers 4.80  3.15 

140,000  lbs.  and  less  than  170,000  lbs.  on  drivers 5.00  3.25 

170,000  lbs.  and  less  than  200,000  lbs.  on  drivers 5.15  3.40 

200,000  lbs.  and  less  than  225,000  lbs.  on  drivers 5.35  3.50 

225,000  lbs.  and  less  than  250,000  lbs.  on  drivers 5.50  3.65 

250,000  lbs.  and  over  on  drivers 5.60  3.75 

In  all  classes  of  service  except  passenger  and  switching 
service  on  locomotives  other  than  Mallet  type  weighing  less  than : 

Engineers     Firemen 

80,000  lbs.  on  drivers  shall  be $5.00  $3.25 

80,000  lbs.  and  less  than  100,000  lbs.  on  drivers 5.20  3.40 

100,000  lbs.  and  less  than  140,000  lbs.  on  drivers 5.40  3.50 

140,000  lbs.  and  less  than  170,000  lbs.  on  drivers 5.60  3.65 

170,000  lbs.  and  less  than  200,000  lbs.  on  drivers 5.80  3.75 

200,000  lbs.  and  less  than  225,000  lbs.  on  drivers 6.10  4.00 

225,000  lbs.  and  less  than  250,000  lbs.  on  drivers 6.40  4.25 

250,000  lbs.  and  over  on  drivers 6.70  4.50 

Mallet  type  engines,  all  classes  of  service,  except  switching 
service,  weighing  less  than : 

Engineers  Firemen 

250,000  lbs.  on  drivers $7.50  $4.90 

250,000  lbs.  and  less  than  300,000  lbs.  on  drivers 7.75  5.10 

300,000  lbs.  and  less  than  400,000  lbs.  on  drivers 8.00  5.25 

400,000  lbs.  and  over  on  drivers 8.25  5.50 

Pusher,  Helper,  Mine  Runs,  Work,  Wreck,  Belt  Lines,  Transfer,  and 
All  Other  Unclassified  Service. 
Engineers  and  Firemen  on  Locomotives  in  pusher  and 
helper  service,  mine  runs,  work,  wreck,  belt  line  and  transfer 
service,  and  all  other  unclassified  service,  will  be  paid  through 
freight  rate  according  to  the  class  of  engine. 


Divisions  where  grade  is  1.8%. 

On  all  divisions  where  grade  is  one  and  eight-tenths  per 
cent  or  over,  an  increase  of  ten  per  cent  over  Valley  rates  will 
be  paid. 
Narrow-Gauge  Locomotives. 

On  roads  where  narrow-gauge  locomotives  are  in  service, 
a  five  per  cent  increase  over  present  rates  in  effect  shall  be 
granted. 

Electric  Locomotives,  Electric  either  Multiple  Unit  or  Single,  Gaso- 
line or  other  Service. 

Wherever  electric,  multiple  unit,  gasoline  or  other  service 
is  installed  as  a  substitute  for  steam,  or  is  now  in  operation 
on  any  railroad  parties  to  this  agreement  or  on  any  of  the 
tracks  operated  or  controlled  by  any  of  them  as  part  of  their 
system,  the  Locomotive  Engineers  and  Firemen  shall  have  the 
right  to  the  position  of  Motorman  and  Helper,  respectively.  The 
term  ''helper"  will  be  understood  to  mean  the  second  man  em- 
ployed on  electric  locomotives  or  other  power. 

Seniority  Rights,  Rules,  Hours  of  Service  and  Mileage. 

Seniority  rights  to  be  interchangeable.  Steam  rules,  hours 
of  service  and  mileage  to  apply  with  the  following  rates  of  pay : 

Passenger  Service. 

Motorman  Helper 

20,000  lbs.  tractive  power  and  less $4.50  $3.35 

Over  20,000  lbs.  tractive  power  and  less  than  25,000  lbs 4.60  3.35 

Over  25,000  lbs.  tractive  power  and  less  than  30,000  lbs 4.70  3.35 

Over  30,000  lbs.  tractive  power  and  less  than  35,000  lbs 4.80  3.35 

Over  35,000  lbs.  tractive  power  and  less  than  40,000  lbs 4.90  3.35 

Over  40,000  lbs.  tractive  power  and  less  than  45,000  lbs 5.00  3.35 

Over  45,000  lbs.  tractive  power  and  less  than  50,000  lbs 5.15  3.35 

Over  50,000  lbs.  tractive  power  and  less  than  55,000  lbs 5.35  3.35 

Over  55,000  lbs.  tractive  power  and  less  than  60,000  lbs 5.50  3.35 

Over  60,000  lbs.  tractive  power  and  over 5.60  3.35 

All  other  Service  except  Passenger  and  Switching. 

Motorman  Helper 

20,000  lbs.  tractive  power  and  less $5.00  $3.75 

Over  20,000  lbs.  tractive  power  and  less  than  25,000  lbs 5.20  3.75 

Over  25,000  lbs.  tractive  power  a,nd  less  than  30,000  lbs 5.30  3.75 

Over  30,000  lbs,  tractive  power  and  less  than  35,000  lbs 5.40  3.75 

Over  35,000  lbs.  tractive  power  and  less  than  40,000  lbs 5.60  3.75 

Over  40,000  lbs.  tractive  power  and  less  than  45,000  lbs 5.80  3.75 


10 

Motorman  Helper 

Over  45,000  lbs.  tractive  power  and  less  than  50,000  lbs $6.00  $3.75 

Over  50,000  lbs.  tractive  povcer  and  less  than  55,000  lbs 6.20  3.75 

Over  55,000  lbs.  tractive  power  and  less  than  60,000  lbs 6.40  3.75 

Over  60,000  lbs.  tractive  power  and  less  than  65,000  lbs 6.60  3.75 

Over  65,000  lbs.  tractive  power  and  less  than  70,000  lbs 6.80  3.75 

Over  70,000  lbs.  tractive  power  and  over 7.00  3.75 

Switching  Service. 

Motorman  Helper 

20,000  lbs.  tractive  power  and  less $4.75  $3.10 

Over  20,000  lbs.  tractive  power  and  less  than  40,000  lbs 5.00  3.10 

Over  40,000  lbs.  tractive  power  and  less  than  60,000  lbs 5,50  3.10 

Over  60,000  lbs.  tractive  power 6.00  3.10 


IT  IS  AWARDED:     ARTICLE  II. 

BATES   OF  PAY. 
Passenger  Service. 

The  minimum  rates  of  wages  per  day  shall  be : 

Engineers 

Engines  less  than  80,000  on  drivers $4.30 

Enignes    80,000  lbs.  and  less  than  100,000  lbs.  on  drivers 4.30 

Engines  100,000  lbs,  and  less  than  140,000  lbs.  on  drivers 4.40 

Engines  140,000  lbs.  and  less  than  170,000  lbs.  on  drivers 4.40 

Engines  170,000  lbs,  and  less  than  200,000  lbs.  on  drivers 4.45 

Engines  200,000  lbs.  and  less  than  250,000  lbs.  on  drivers 4.45 

Engines  250,000  lbs,  and  less  than  300,000  lbs,  on  drivers 4,65 

Engines  300,000  lbs,  and  less  than  350,000  lbs,  on  drivers 4.80 

Engines  350,000  lbs.  and  over  on  drivers 4.80 

Mallet  engines  regardless  of  weights  on  drivers 5.00 

Freight  Service. 

The  minimum  rates  of  wages  per  day  shall  be : 

— Firemen — 

Engineers  Coal  Oil 

Engines  less  than  80,000  lbs.  on  drivers $4.75  $2.75  $2.75 

Engines    80,000  lbs,  and  less  than  100,000  lbs.  on  drivers 4.80         2.85  2,75 

Enignes  100,000  lbs,  and  less  than  140,000  lbs.  on  drivers 4.85         3.00  2.85 

Engines  140,000  lbs.  and  less  than  170,000  lbs.  on  drivers 5.10         3.20  3.05 

Engines  170,000  lbs.  and  less  than  200,000  lbs.  on  drivers 5.30         3.45  3.30 

Engines  200,000  lbs.  and  less  than  250,000  lbs.  on  drivers 5,45         3.70  *3.55 

Engines  250,000  lbs.  and  less  than  300,000  lbs.  on  drivers 5.60         3.80  3.80 

Engines  300,000  lbs.  and  over  on  drivers 5,75         4.00  4,00 

Mallet  engines  less  than  275,000  lbs,  on  drivers 6,00  4.00  4.00 

Mallet  engines  275,000  lbs.  and  over  on  drivers 6.50  4.25  4.25 

*  Oil  differential  not  to  apply  on  engines  weighing  over  215,000  lbs.  on  drivers. 


— Firemen — 

Coal 

Oil 

$2.50 

$2.50 

2.55 

2.50 

2.60 

2.50 

2.70 

2.55 

2.85 

2.70 

3.00 

2,85 

3.20 

3,05 

3.40 

3,25 

3.60 

3.45 

4.00 

3.85 

11 


Existing  rates  of  pay  per  day  that  are  higher  than  the  above 
minima  are  hereby  awarded. 

Work,  Wreck,  Pusher  or  Helper,  Mine  Runs,  Circus  Trains,  and 
Trains  Established  for  the  Exclusive  Purpose  of  Handling 
Milk. 

Through  freight  rates  will  apply  on  all  work,  wreck,  pusher 
or  helper,  mine  runs,  circus  trains,  and  to  trains  established  for 
the  exclusive  purpose  of  handling  milk;  all  according  to  class 
of  engines ;  overtime  to  be  computed  on  minute  basis.  Through 
freight  rules  in  this  award  as  to  mileage  and  overtime  to  apply. 

Belt  Line  or  Transfer  Service. 

The  Board  recognized  that  in  Belt  Line  or  Transfer  Service 
the  grade  of  work  is  clearly  different  from  ordinary  switching 
service,  and  may,  therefore,  properly  be  entitled  to  higher  rate 
of  pay ;  but  the  information  before  the  Board  shows  that  condi- 
tions over  the  Western  territory  vary  so  widely  in  this  service 
that  they  are  unable  to  reach  an  agreement  regarding  a  fair 
rate  for  such  service.  The  Board,  therefore,  refers  the  questioii 
of  Belt  Line  or  Transfer  Service  back  to  the  engineers  and  fire- 
men and  the  management  of  the  different  roads  for  local  settle- 
ments, which  shall  take  into  consideration  the  difference  between 
Belt  Line  or  Transfer  Service  and  Switching  Service,  in  fixing 
the  rates  of  pay. 

Grades  of  1.8%  and  Over. 

The  territory  in  which  there  exists  a  differential  in  rates 
of  pay  by  reason  of  gradients  has  been  long  established,  and  we 
make  no  change  in  respect  thereto. 

On  railroads  where  a  differential  in  the  rates  of  pay  for  En- 
gineers and  Firemen  are  allowed  under  schedules  in  effect  Octo- 
ber 10,  1913,  on  account  of  grades  or  mountain  service,  either 
by  excess  rates  or  constructive  mileage,  such  differential  shall 
be  maintained  in  addition  to  the  rates  granted  by  this  Award. 

Narrow-Gauge  Locomotives. 
This  request  is  decKned. 


12 

Electric  Locomotives,  Electric  Either  Multiple  Unit  or  Single.    Gaso- 
line or  Other  Service. 

Wherever  electric  service  is  installed  as  a  substitute  for 
steam,  or  is  now  in  operation  on  any  of  the  railroad  parties  to 
this  arbitration,  or  on  any  of  the  tracks  operated  or  controlled 
by  any  of  them  as  part  of  their  system,  the  locomotive  engineers 
and  firemen  shall  have  the  preference  for  the  positions  of  engi- 
neers, or  motormen,  or  helpers  on  electric  locomotives  or  mul- 
tiple unit  trains ;  but  this  right  of  the  engineers  and  firemen  shall 
not  operate  to  displace  any  man  operating  electric  power  on  any 
of  the  railroads  parties  to  this  arbitration,  on  May  1,  1915. 

Since  the  use  of  electric  locomotives  or  multiple  unit  trains 
upon  steam  railways  is  in  so  early  a  stage  of  development,  and 
there  is  as  yet  no  approximation  to  stable  conditions,  but  a  wide 
variation  in  existing  practices,  the  Board  find  themselves  un- 
able, from  the  evidence  before  them,  to  make  any  uniform  rules 
regulating  rates  of  pay  and  conditions  of  service  for  engineers, 
or  motormen,  or  helpers  employed  on  such  trains.  The  mini- 
mum day's  wage  of  $4.30  for  engineers  or  motormen,  and  $2.50 
for  helpers  in  Passenger  Service,  and  $4.75  for  engineers  or 
motormen,  and  $2.75  for  helpers  in  Freight  Service  is,  however, 
awarded;  but  the  day's  work  covered  by  the  same,  both  as 
regards  hours  of  service  and  mileage  covered,  is  that  which  now 
exists  in  electric  service  on  the  various  roads,  not  that  covered 
under  the  preceding  headings  pertaining  to  ''Freight  and  Pas- 
senger Service." 

This  award  is  without  prejudice  to  existing  contracts  for 
such  service. 

PROPOSED   BY   EMPLOYES:     ARTICLE  III. 

LOCAL  OB  WAY  FREIGHT   SERVICE. 

Local  trains  are  way  freight  or  mixed  trains  whose  work 
is  the  loading  or  unloading  of  freight  or  doing  station  switching 
en  route. 

Engineers  and  Firemen  on  such  trains  will  be  paid  ten  per 
cent  increase  over  through  freight  rates. 


13 

Additional  pay. 

Through  or  irregular  freight  trains  doing  work  such  as 
loading  or  unloading  freight,  stock  or  company  material,  switch- 
ing at  stations,  spurs,  mines,  mills,  or  required  to  pick  up  or  set 
out  cars,  unless  cars  to  be  picked  up  are  first  out,  or  cars  to  be 
set  out  are  switched  together  at  terminals,  or  doing  any  other 
similar  work,  shall  be  paid  for  same  at  overtime  rates  in  addition 
to  time  or  mileage  made  on  the  trip. 


IT  IS  AWARDED:     ARTICLE  III. 

LOCAL  OE  WAY  FEEIGHT. 

A  minimum  of  thirty  (30)  cents  per  hundred  miles,  or  less, 
is  to  be  added  for  local  freight  service  to  through  freight  rates 
for  engineers  and  firemen,  according  to  class  of  engine.  Miles 
over  one  hundred  to  be  paid  for  pro  rata. 

PROPOSED  BY  EMPLOYES:     ARTICLE  IV. 

SWITCHING  SEEVICE. 

Rates  o£  pay.                                                                                         Engineers  Firemen 

Engines  weighing  less  than  140,000  lbs.  on  drivers $4.75  $3.10 

Engines  weighing  140,000  lbs.  and  over  on  drivers 5.00  3.25 

Mallet  type  engines 6.00  4.00 

Engineers  and  Firemen  required  to  begin  service  other  than 
between  the  hours  of  6  a.  m.  and  8  a.  m.  will  be  paid  2  cents  per 
hour,  in  addition  to  above  rate. 

Day's  work. 

Ten  hours  or  less  will  constitute  a  day's  work  in  switching 
service.  Time  to  be  computed  continuously,  all  over  ten  hours 
to  be  computed  and  paid  for  at  the  rate  of  time  and  one-half. 
All  overtime  to  be  computed  on  minute  basis. 

Meals. 

Switch  Engineers  and  Firemen  will  not  be  required  to  work 
longer  than  six  consecutive  hours  without  being  allowed  thirty 
minutes  undisturbed  for  meals. 


14 

Road  Engines  used. 

When  Eoad  Engines  are  used  in  yard  service,  road  rates 
will  apply. 

IT  IS  AWARDED:     ARTICLE  IV. 

SWITCHING  SERVICE. 

Rates  of  Pay. 

The  minimum  rate  of  wages  per  day  of  ten  (10)  hours  or 
less ;  overtime  pro  rata  on  minute  basis,  shall  be : 

Engineers    Firemen 

Engines  less  than  140,000  lbs.  on  drivers $4.25  $2.70 

Engines  140,000  lbs.  and  over  on  drivers 4.40  2.75 

MALLET   ENGINES. 

Engines  275,000  lbs.  or  less  on  drivers 5.15  4.00 

Engines  over  275,000  lbs.  on  drivers 5.40  4.00 

Beginning  and  Ending  of  Day. 

Time  to  begin  when  required  to  report  for  duty  and  to  end 
at  time  engine  is  placed  on  designated  track  or  engineer  or  fire- 
man is  released,  exclusive  of  time  off  for  meals. 
Meals. 

Engineers  and  firemen  in  switching  service  shall  be  allowed 
one  hour  for  meals  between  the  hours  of  11:30  a.  m.  and  1:00 
p.  m.,  and  between  the  hours  of  11 :30  p.  m.  and  1 :00  a.  m.,  but  if 
required  to  work  the  meal  hour  or  any  part  thereof,  they  will 
be  paid  for  the  hour  in  addition  to  the  minimum  day,  and  be 
allowed  thirty  (30)  minutes  under  pay  for  meals. 

The  time  for  meals  will  commence  at  the  time  engineer  and 
fireman  are  released  from  care  of  engine. 

Engineers  and  firemen  will  not  be  required  to  work  longer 
than  six  (6)  hours  without  being  allowed  thirty  (30)  minutes 
for  meals. 

Existing  rates  of  pay  per  day  that  are  higher  than  the  above 
minima  are  hereby  awarded. 


15 

PROPOSED  BY  EMPLOYES:     ARTICLE  V. 

PEEPARATORY   TIME. 

Engineers  and  Firemen  in  all  classes  of  service  will  be 
allowed  thirty  minutes  as  preparatory  time  in  addition  to  all 
other  time  or  mileage  made  on  the  trip  or  day,  at  the  pro  rata 
rate  corresponding  with  class  of  locomotive  and  service;  pro- 
vided, that  on  lines  of  railroad  where  rules  or  schedules  require 
them  to  be  on  duty  more  than  thirty  minutes  before  time  ordered 
to  leave  roundhouse  or  other  point,  they  will  be  allowed  one 
hour's  time,  and  when  required  to  be  on  duty  more  than  one 
hour,  actual  time  will  be  allowed.  Preparatory  time  will  be  the 
time  Engineers  and  Firemen  are  required  to  be  on  their  locomo- 
tives, prior  to  time  ordered  to  leave  roundhouse  or  other  point. 

IT  IS  AWARDED:     ARTICLE  V. 
BEGINNING  AND  ENDING  OF  A  DAY. 

In  all  classes  of  road  service,  an  engineer's  or  fireman's 
time  will  commence  at  the  time  he  is  required  to  report  for  duty, 
and  will  conclude  at  the  time  the  engine  is  placed  on  the  desig- 
nated track  or  relieved  by  hostler  at  terminal. 

PROPOSED  BY  EMPLOYES:  ARTICLE  VI. 

TERMINAL  DELAY. 
Passenger  Service. 

Initial  terminal  delay  for  Engineers  and  Firemen  in  pas- 
senger service  shall  begin  at  the  time  they  are  called  to  leave 
roundhouse  or  other  point  and  shall  end  upon  departure  of  trains 
from  passenger  depot. 

Final  terminal  delay  for  Engineers  and  Firemen  in  pas- 
senger service  shall  begin  at  the  time  they  arrive  at  passenger 
depot,  and  will  end  when  relieved  from  duty. 


16 

Freight  Service. 

Initial  terminal  delay  in  freight  service  shall  begin  at  the 
time  Engineer  and. Fireman  is  called  to  leave  roundhouse  or 
other  point  and  shall  end  when  train  has  passed  from  yard  track 
or  lead  to  main  line,  and  actually  departs  from  the  terminal. 

Final  terminal  delay  in  freight  service  shall  begin  when 
train  arrives  at  switch  leading  from  main  line  into  yard,  and 
shall  end  when  Engineer  and  Fireman  are  relieved  from  duty ; 
provided,  that  if  from  any  cause  trains  are  held  out  of  yard, 
final  terminal  delay  shall  begin. 

Minute  Basis.  * 

Engineers  and  Firemen  shall  be  paid  on  a  minute  basis  for 
all  terminal  delay;  at  the  pro  rata  rate  for  the  class  of  engine 
used;  this  in  addition  to  all  time  or  mileage  made  on  the  trip. 


IT  IS  AWARDED:     ARTICLE  VI. 

TERMINAL  DELAY. 

Initial  Terminal  Delay. 

Compensation  for  Initial  Terminal  Delay  is  not  allowed 
beyond  that  involved  in  the  rule,  that  pay  shall  begin  in  all  cases 
at  the  time  an  engineer  or  fireman  is  required  to  report  for  duty. 

Final  Terminal  Delay. 

For  freight  service,  Final  Terminal  Delay  shall  be  computed 
from  the  time  the  engine  reaches  designated  main  track  switch 
connection  with  the  yard  track. 

For  passsenger  service.  Final  Terminal  Delay  shall  be  com- 
puted from  time  train  reaches  terminal  station. 

Final  Terminal  Delay,  after  the  lapse  of  thirty  minutes,  will 
be  paid  for  the  full  delay  at  the  end  of  the  trip,  at  the  overtime 
rate,  according  to  class  of  engine,  on  the  minute  basis. 

If  road  overtime  has  commenced,  terminal  overtime  shall 
not  apply,  and  road  overtime  will  be  paid  to  point  of  final  relief. 


17 

PROPOSED  BY  EMPLOYES:     ARTICLE  VIL 

AUTOMATIC  RELEASE  AND  TIE-UP. 

Engineers  and  Firemen  arriving  at  terminal  or  end  of  run 
are  automatically  released;  when  used  again,  they  begin  a 
new  day. 

Continuous  Time. 

Engineers  and  Firemen  tied  up  between  their  terminals 
will  be  paid  continuous  time,  no  deductions  will  be  made  for 
time  tied  up. 

IT  IS  AWARDED:     ARTICLE  VII. 

AUTOMATIC  RELEASE  AND  TIE-UP. 

The  request  contained  in  the  first  paragraph  of  this  article 
is  denied. 

Continuous  Time. 

Engineers  and  Firemen  in  train  service  tied  up  under  the 
law  will  be  paid  continuous  time  from  initial  point  to  tie-up  point. 
When  they  resume  duty  on  continuous  trip,  they  will  be  paid 
from  tie-up  point  to  terminal  on  the  following  basis :  For  fifty 
(50)  miles  or  less,  or  five  (5)  hours  or  less,  fifty  (50)  miles  pay; 
for  more  than  fifty  (50)  miles  and  up  to  one  hundred  (100)  miles 
or  over  five  (5)  hours  and  up  to  ten  (10)  hours,  one  hundred 
(100)  miles  pay;  over  one  hundred  (100)  miles,  or  over  ten  (10) 
hours,  at  schedule  rates.  It  is  understood  that  this  does  not 
permit  running  engines  through  terminals  or  around  other  crews 
at  terminals  unless  such  practice  is  permitted  under  the  pay 
schedule. 

PROPOSED  BY  EMPLOYES:     ARTICLE  VIII. 
HELD  AWAY  FROM  HOME  TERMINALS. 

Engineers  and  Firemen  held  at  other  than  home  terminal 
(including  rest  period)  will  be  paid  continuous  time  for  all  time 
so  held,  after  the  expiration  of  15  hours  from  time  relieved 


18 

from  previous  duty,  at  the  rate  per  hour  paid  for  the  last  service 
performed;  less  than  one  hour  not  to  be  paid  for. 

IT  IS  AWARDED:     ARTICLE  VIII. 

HELD  AWAY  FROM   HOME   TERMINALS. 

Engineers  or  Firemen  in  pool  freight  and  in  unassigned  ser- 
vice held  at  other  than  home  terminal,  will  be  paid  continuous 
time  for  all  time  so  held  after  the  expiration  of  twenty-two  (22) 
hours  from  time  relieved  from  previous  duty,  at  the  rate  per 
hour  paid  him  for  the  last  service  performed.  If  held  fourteen 
(14)  hours  after  the  expiration  of  the  first  thirty- two  (32)  hour 
period,  he  will  be  paid  continuous  time  for  the  next  succeeding 
ten  (10)  hours,  or  until  the  end  of  the  twenty-four  (24)  hour 
period,  and  similarly  for  each  twenty-four  (24)  hour  period 
thereafter.  Should  an  engineer  or  fireman  be  called  for  duty 
after  pay  begins,  his  time  will  be  computed  continuously. 

PROPOSED  BY  EMPLOYES:     ARTICLE  IX. 

DEADHEADING. 

Engineers  and  Firemen,  deadheading  on  Company  business 
shall  be  paid  the  same  rate  and  on  the  same  basis  as  the  Engi- 
neer and  Fireman  on  the  train  on  which  deadheading.  Rules  in 
individual  schedules  governing  minimum  day,  and  other  con- 
ditions to  apply. 

IT  IS  AWARDED:     ARTICLE  IX. 

DEADHEADING. 

Deadheading  on  Company's  business  on  passenger  trains 
will  be  paid  for  the  actual  mileage  at  4.3  cents  per  mile  for 
Engineers,  and  2.5  cents  per  mile  for  Firemen,  and  for  dead- 
heading on  other  trains  at  4.75  cents  per  mile  for  Engineers 
and  2.75  cents  per  mile  for  Firemen ;  provided,  that  a  minimum 
day  at  the  above  rates  will  be  paid  for  the  deadhead  trip  if  no 
other  service  is  performed  within  twenty-four  (24)  hours  from 
time  called  to  deadhead.  Deadheading  resulting  from  the  exer- 
cise of  seniority  rights  will  not  be  paid  for. 


19 


PROPOSED  BY  EMPLOYES:     ARTICLE  X. 

HOSTLEES. 

At  points  where  an  average  of  six  or  more  locomotives  are 
handled  within  twelve  hours,  day  or  night,  hostlers  shall  be 
maintained. 

Positions,  how  filled. 

Hostling  positions  shall  be  filled  from  the  ranks  of  the  Fire- 
men, and  they  shall  be  paid  $3.35  per  day  of  ten  hours  or  less ; 
provided,  that  where  Hostlers  are  required  to  make  main-line 
movements,  they  shall  be  paid  $4.75  per  day  of  ten  hours  or  less, 
overtime  in  each  case  to  be  computed  on  the  minute  basis  and 
paid  for  at  the  rate  of  time  and  one-half. 

When  such  main-line  or  road  Hostlers  are  paid  the  same 
rate  as  Engineers  in  switching  service,  such  positions  shall  be 
filled  from  the  ranks  of  the  Engineers. 

Meal  Hour. 

Hostlers  shall  be  allowed  one  hour  for  meals  between  the 
hours  of  11 :30  and  1 :30,  day  or  night.  Hostlers  will  be  assigned 
regular  meal  hour  between  the  hours  named  or  after  being  on 
duty  five  hours.  Should  Hostlers  be  required  to  remain  on  duty 
after  designated  meal  hour,  one  hour  will  be  allowed  as  over- 
time. No  Hostler  will  be  required  to  remain  on  duty  longer 
than  six  hours  without  having  one  full  hour  for  meals. 

IT  IS  AWARDED:     ARTICLE  X. 

HOSTLEES. 

The  minimum  pay  for  Hostlers  will  be  $4.20  per  day  of  12 
hours,  or  less,  overtime  pro  rata.  Only  roundhouse  employes 
who,  in  handling  engines,  are  required  to  have  a  knowledge  of 
main  line  train  movements  will  come  under  this  designation. 

Engineers  and  Firemen  will  have  preference  for  positions 
as  Hostlers.  This  will  not  operate  to  disqualify  those  who  now 
hold  such  positions,  nor  to  prevent  same  being  filled  from  other 
classes  of  employes  who  may  be  eligible  thereto,  who  can  qualify. 

All  other  roundhouse  employes  handling  engines  during 


20 

twenty-five  (25)  per  cent,  or  more,  of  their  daily  assignment  will 
receive  $3.00  for  12  hours,  or  less,  overtime  pro  rata. 

On  roads  where  the  right  to  legislate  for  Hostlers  has  been 
conceded  by  the  Company  to  the  Engineers  or  Firemen,  such 
right  as  specified  in  individual  schedules  shall  not  be  affected 
by  the  adoption  of  this  Article. 

PROPOSED  BY  EMPLOYES:     ARTICLE  XI. 

SURPEISE  TESTS. 

That  the  practice  of  conducting  surprise  tests  by  turning 
switch  lights  and  placing  red  lights,  or  flags,  unaccompanied  by 
torpedoes,  beside  track,  or  wiring  down  automatic  signals  to 
proceed  position,  be  eliminated. 

IT  IS  AWARDED:     ARTICLE  XI. 

EFFICIENCY  TESTS. 

We  recognize  the  necessity  of  making  efiiciency  tests,  but 
when  such  tests  are  made  they  should  not  be  conducted  under 
conditions  that  are  hazardous  to  the  employes. 

PROPOSED  BY  EMPLOYES:     ARTICLE  XII. 

ASSISTANCE   FOR  FIREMEN. 

On  all  locomotives  in  freight  service  where  but  one  Fire- 
man is  employed,  and  on  all  locomotives  in  passenger  service, 
coal  will  be  kept  where  it  can  be  reached  by  the  Firemen  from 
the  deck  of  the  locomotive.  Coal  of  the  proper  size  for  firing 
purposes  will  be  placed  on  all  tenders. 

IT  IS  AWARDED:     ARTICLE  XII. 

ASSISTANCE   FOR  FIREMEN. 

On  coal-burning  locomotives,  either  passenger  or  freight, 
coal  will  be  shoveled  forward  at  specified  points,  whenever  neces- 
sary, or  by  men  riding  on  locomotives  for  that  purpose,  so  that 
it  can  be  reached  by  firemen  from  deck  of  the  locomotive. 


21 

Coal  of  proper  size  for  firing  purposes  will  be  placed  on  all 
tenders. 

It  is  understood  that  the  Committees  on  individual  roads 
will  take  up  with  their  respective  officers  the  question  of  shovel- 
ing coal  forward  on  tenders  and  determine  the  points  where 
men  shall  be  located  to  do  this  work. 

PROPOSED  BY  EMPLOYES:     ARTICLE  XIII. 

TWO   FIEEMEN. 

On  coal-burning  locomotives  weighing  185,000  pounds  or 
more  on  drivers,  when  used  in  freight  service,  two  Firemen  will 
be  employed. 

IT  IS  AWARDED:     ARTICLE  XIII. 
TWO   FIEEMEN. 

When  a  second  fireman  is  deemed  necessary  on  coal-burning 
locomotives  in  freight  service  weighing  more  than  200,000 
pounds  on  drivers,  the  matter  will  be  taken  up  with  proper 
officials  of  individual  railroads  by  the  Committee.  Failing  to 
reach  a  settlement,  the  matter  shall  be  referred  to  an  adjust- 
ment Commission  to  be  composed  of  five  (5)  persons,  two  (2)  of 
whom  are  to  be  chosen  by  the  Railroad  Company,  two  (2)  by  the 
Committee,  and  one  (1)  to  be  selected  by  the  four  (4)  thus 
chosen,  who  shall  be  the  Chairman  of  the  Commission.  Should 
the  four  (4)  men  fail  to  agree  on  the  fifth,  then  three  (3)  days 
after  the  last  of  the  four  have  been  selected,  the  fifth  man  shall 
be  named  by  the  United  States  Board  of  Mediation  and  Concilia- 
tion. If,  for  any  -reason,  the  selection  of  the  fifth  man  cannot 
be  made  by  the  United  States  Board  of  Mediation  and  Concilia- 
tion, he  shall  be  named  by  the  United  States  District  Judge  of 
the  District  in  which  the  controversy  may  have  arisen.  All 
expenses  incurred  in  connection  with  the  settlement  of  such 
matters  shall  be  borne  equally  by  the  two  (2)  parties  to  the 
controversy. 

When  two  firemen  are  employed  on  a  locomotive  as  a  result 
of  the  application  of  the  preceding  paragraph,  they  shall  each 


22 

be  paid  the  rate  for  the  class  of  engine  next  below,  per  Article  II 
of  this  Award. 

PROPOSED  BY  EMPLOYES:     ARTICLE  XIV. 

MISCELLANEOUS. 

Cleaning  of  Locomotives. 

On  railroads  where  Firemen  are  required  to  clean  locomo- 
tives, they  shall  be  relieved  of  such  service. 

Setting  up  Wedges,  Filling  Grease  Cups  and  Cleaning  Headlights. 
Where  Engineers  and  Firemen  are  required  to  set  up 
wedges,  fill  grease  cups,  or  clean  headlights,  they  shall  be  re- 
lieved of  such  service  at  all  points  where  roundhouse,  or  shop 
force,  or  an  engine  watchman  is  employed. 

Placing  of  Supplies  on  Locomotives. 

Where  Engineers  and  Firemen  are  required  to  place  on  or 
remove  tools  or  supplies  from  locomotives,  fill  lubricators,  flange 
oilers,  headlights,  markers  or  other  lamps,  they  shall  be  relieved 
of  such  service  at  all  points  where  roundhouse,  shop  force,  or  an 
engine  watchman  is  employed. 

IT  IS  AWARDED:     ARTICLE  XIV. 

MISCELLANEOUS. 

Clceming  of  Locomotives. 

On  railroads  where  firemen  are  required  to  clean  locomo- 
tives, they  shall  be  relieved  of  such  cleaning. 

Setting  Up  Wedges,  Filling  Grease  Cups,  Cleaning  Headlights,  also 
Placing  Supplies  on  Locomotives. 

Where  Engineers  and  Firemen  are  required  to  set  up 
wedges,  fill  grease  cups,  or  clean  headlights,  they  shall  be  relieved 
of  such  service  at  all  points  where  competent  roundhouse  force 
is  employed. 

Neither  w^ill  they  be  required  to  place  on,  or  remove  tools  or 
supplies  from  locomotives,  fill  lubricators,  flange  oilers,  head- 
lights, markers  or  other  lamps  at  points  where  roundhouse  force, 
or  an  engine  watchman,  is  employed. 


X 


23 

PROPOSED  BY  EMPLOYES:     ARTICLE  XV. 

OFFICIAL  EECORD  OF  WEIGHTS  ON  DEIVEES. 

For  the  purpose  of  recording  weights  on  drivers,  each  rail- 
road, parties  to  this  agreement,  will  permanently  post  bulletins 
at  all  terminals  showing  accurate  service-weights  of  all  loco- 
motives. 

IT  IS  AWARDED:     ARTICLE  XV. 

OFFICIAL   RECORD   OF   WEIGHTS   ON   DRIVERS. 

For  the  purpose  of  officially  classifying  locomotives,  each 
railroad,  party  to  this  arbitration,  will  keep  bulletin  at  all  ter- 
minals showing  actual  weight  on  drivers  of  all  engines  in  its 
service. 

PROPOSED  BY  EMPLOYES:     ARTICLE  XVI. 

THROWING  SWITCHES  AND  FLAGGING. 

Engineers  and  Firemen  will  not  be  required  to  throw 
switches,  flag  through  blocks,  or  fill  water  cars. 

IT  IS  AWARDED:     ARTICLE  XVI. 

THROWING   SWITCHES  AND   FLAGGING. 

The  complexity  of  the  service  and  the  variety  of  the  rules 
are  such  that  this  Board  does  not  deem  it  wise  to  undertake  to 
formulate  a  general  rule  upon  this  subject  at  this  time. 

GENERAL  REGULATIONS. 

In  awarding  the  above  rates,  rules  and  conditions  it  is  under- 
stood that  the  engineers  or  firemen  on  any  railroad  may  elect  to 
take  any  daily  rate,  rule,  or  condition  as  herein  awarded,  but 
the  Board  denies  right  of  the  men  to  take  a  part  or  whole  of  any 
rule  herein  awarded  and  couple  it  with  a  part  or  whole  of  any 
rule  in  the  present  schedule  and  thereby  create  a  new  condition 
not  contemplated  by  the  award. 

Nothing  herein  is  to  be  construed  to  deprive  the  engineers 
or  firemen  on  any  railroad  from  retaining  their  present  rules 


24 

and  accepting  any  daily  rate  that  may  be  awarded,  or  retain 
their  present  daily  rate,  and  accept  any  awarded  rule.  It  is  fur- 
ther understood  that  the  foregoing  does  not  in  any  manner  con- 
flict with  or  nullify  any  part  of  Article  12  of  the  Arbitration 
Agreement,  which  reads  as  follows : 

''That  any  rates  of  pay,  including  excess  mileage  or  arbi- 
trary differentials,  that  are  higher,  or  any  rules  or  conditions  of 
employment  contained  in  individual  schedules  in  effect  October 
10, 1913,  that  are  more  favorable  to  the  employes  than  the  award 
of  said  Board,  shall  not  be  modified  or  affected  by  said  award. '  ^ 

(Signed)  J.  C.  PEITCHARD,  Chairman, 
(Signed)  CHARLES  NAGEL, 
(Signed)  W.  L.  PARK, 
(Signed)  H.  E.  BYRAM, 

Arbitrators. 
Attest : 

H.  S.  MlLSTBAD, 

Secretary. 


25 

MEMORANDUM  FILED  BY  THE  CHAIRMAN. 

I  deem  it  proper  to  say  that  in  my  opinion  the  freight  rates, 
as  well  as  the  yard  rates  for  firemen  and  engineers,  agreed  upon 
by  the  Board,  are  not  as  high  as  they  should  be.  Nevertheless, 
the  rules  as  respects  weight  on  drivers,  time  constituting  a  day's 
work,  initial  and  terminal  delay  and  overtime,  passenger  rates 
and  rules,  and  other  rules,  accord  to  the  men  substantial  bene- 
fits which  should  not  be  denied  them.  Therefore,  in  order  that 
the  provisions  of  the  Award  may  be  put  into  effect  and  the  men 
permitted  to  enjoy  the  benefit  accruing  therefrom,  I  conceive  it 
to  be  my  duty  to  join  other  members  of  the  Board  in  making  this 
Award. 

I  am  satisfied  that  as  respects  many  of  the  propositions  sub- 
mitted to  us  we  have  approached  as  near  as  may  be  at  this  time 
a  standardization  of  many  important  rules  and  rates  which  will, 
in  the  future,  tend  to  remove  many  things  that  have  been  the 
cause  of  innumerable  controversies  between  the  railroads  and 
their  employes. 

(Signed)  J.  C.  PRITCHARD,  Chairman. 


26 

STATEMENT  BY  ARBITRATORS  PARK  AND 

BYRAM. 

That  our  signatures  to  the  award  may  not  imply  approval 
of  it,  in  principle  or  in  detail,  a  brief  word  of  explanation  seems 
necessary. 

Any  scheme  of  standardization  or  approach  to  it  which 
does  not  permit  of  equalization  of  dissimilar  rates  and  rules, 
in  our  opinion,  is  unsound.  The  agreement  under  which  the 
arbitration  was  held  gave  no  latitude  to  the  Board  to  adjust 
or  reconcile  unequal  conditions.  It  was  one-sided.  It  permitted 
standardization  only  if  upward. 

To  such  provisions  of  the  award  as  confer  benefits  upon 
men  whose  present  rates  and  conditions  merit  adjustment  we 
are  in  hearty  accord;  to  those  who,  in  our  judgment,  the  testi- 
mony showed  to  have  been  liberally  paid  and  properly  treated, 
we  feel  that  nothing  additional  is  due  them,  and,  in  agreeing  to 
changes  in  their  rates  and  rules  and  to  other  conditions  of  the 
award,  it  was  only  because  it  was  made  apparent  that  these 
changes  were  necessary  if  we  were  to  have  an  award  at  all.  It 
appeared  to  us  that  for  the  maintenance  of  the  principle  of  arbi- 
tration for  the  adjustment  of  labor  disputes,  which  is  the  public 
interest,  our  duty  lay  in  this  direction,  even  though  additional 
burdens  of  expense  and  regulation  follow. 

(Signed)  W.  L.  PARK. 
(Signed)  H.  E.  BYEAM. 


27 

MINORITY    REPORT    OF    F.    A.    BURGESS    AND 

TIMOTHY     SHEA,     REPRESENTING    THE 
BROTHERHOOD  OF  LOCOMOTIVE  EN- 
GINEERS AND  BROTHERHOOD  OF 
LOCOMOTIVE  FIREMEN  AND 
ENGINEMEN. 

In  expressing  our  dissenting  opinion  from  the  award  of  the 
Board,  we  are  keenly  alive  to  the  fact  that  a  unanimous  finding 
by  this  Board  would  have  resulted  in  almost  incalculable  benefit 
to  the  railroads,  and  employes  as  well,  and,  while  we  would 
naturally  be  expected  to  have  at  heart  the  interests  of  the  em- 
ployes, and  to  that  extent  might  be  termed  partisan,  yet  this 
was  equally  true  of  those  gentlemen  who  were  selected  by  the 
railroads,  in  so  far  as  corporate  interests  are  concerned.  Not- 
withstanding this  fact,  we  approached  this  important  and  diffi- 
cult duty  with  a  hope  and  belief  that  a  unanimous  award  could 
be  obtained  if  our  actions  were  guided  by  a  sense  of  fairness 
founded  on  the  changed  conditions  in  train  operation  since  1910, 
together  with  the  increased  high  cost  of  living. 

We  assumed  that  the  advocates  of  the  railroads  would  not 
deny,  or  the  Board  fail  to  recognize,  these  very  essential  facts 
in  reaching  their  conclusions.  Indeed,  we  understand  the  rail- 
roads, in  seeking  higher  passenger  and  freight  rates,  predicated 
their  demands  to  a  very  great  extent,  on  the  increased  cost  of 
all  supplies  they  find  necessary  to  purchase,  and  yet  they  are 
unwilling  to  recognize  the  same  condition  in  fixing  the  com- 
pensation of  employes  who  are  paid  on  the  basis  of  miles  run, 
and  who  cannot  and  do  not  receive  one  dollar  unless  the  com- 
panies are  required  to  run  trains;  therefore,  it  can  be  clearly 
seen  that  the  employes  in  this  particular  class  of  service  carry 
all  risks  incident  to  the  fluctuation  of  business,  because  their 
wages  are  automatically  reduced  during  times  of  business 
depression. 

The  importance  of  this  arbitration  can  hardly  be  over- 
estimated. Both  the  railroads  and  employes  have  made  large 
expenditures  of  time  and  money  in  preparing  and  presenting 
to  the  Board  the  merits  of  their  questions  from  different  view- 
points. 

For  substantially  four  months  the  Board  has  heard  evi- 


28 

dence,  and  now,  in  handing  down  its  decision,  it  has  not,  in  any 
manner,  settled  the  questions  submitted  to  it  for  arbitration. 
The  very  best  that  can  be  said  of  such  an  award  is  that  it 
settles  nothing,  but  simply  postpones  any  further  action  on  the 
questions  involved  for  a  period  of  twelve  months. 

In  making  this  statement  we  are  not  unmindful  of  the  fact 
that  in  no  arbitration  can  either  side  expect  exact  justice, 
or  a  faultless  award,  but  we  take  the  position  that  it  is  manifestly 
unfair,  unreasonable,  and  unwarranted  to  employ  an  award 
rendered  in  the  Eastern  country  as  the  controlling  factor  in 
the  present  arbitration.  Especially  is  this  true  when  the  Eastern 
Board  frankly  admitted,  in  its  award,  that  it  felt  obliged  to 
turn  to  the  only  source  of  information  available,  viz. :  the 
figures  of  the  Interstate  Commerce  Commission,  even  though  it 
recognized  they  were  both  unsatisfactory,  and  unreliable,  as 
they  show  neither  the  maximum  or  minimum  earnings,  but 
simply  purported  to  find  the  daily  wage  of  a  certain  class  of 
service  by  dividing  the  total  compensation  paid  by  the  number 
of  days  worked.  But,  in  spite  of  these  facts,  the  Board  con- 
tinued to  employ  these  statistics  as  a  basis  for  an  award  that 
was  so  unfair  that  it  caused  great  dissatisfaction  and  in  many 
instances  worked  a  hardship  upon  the  employes  interested. 

The  present  Board  of  Arbitration,  in  our  opinion,  has  sub- 
stantially disregarded  testimony  of  witnesses  for  employes 
relative  to  the  long  hours  and  heavy  tonnage  trains,  and  in 
fact,  all  the  prevailing  conditions  in  the  Western  country,  giv- 
ing little  or  no  consideration  to  the  exhibits  which,  in  a  graphic 
way,  clearly  set  forth  the  increased  productive  efficiency  of 
engineers  and  firemen,  disregarding  the  evidence  contained  in 
numerous  reports  by  railway  officials  as  to  the  work  of  firemen 
on  large  engines  having  almost  reached  the  limit  of  human 
endurance,  evidently  preferring  to  base  their  conclusions  upon 
the  unsound  principle  that  governed  the  Eastern  Arbitrators, 
so  minutely  described  by  Mr.  Morrissey  in  his  dissenting  opin- 
ion and  frankly  acknowledged  by  the  full  Board  as  unreliable, 
although  used  as  a  basis  in  handing  down  its  award. 

The  testimony  presented  by  the  employes  showed  conclu- 
sively that  by  the  installation  of  larger  engines,  and  the  de- 
velopment of  larger  freight  train  loads,  the  Western  railroads 


29 

had,  during  recent  years,  without  any  corresponding  advance 
in  rates  of  pay,  added  greatly  to  the  physical  work,  the  nervous 
exactions,  and  the  already  grave  responsibilities  of  locomotive 
engineers  and  firemen.  This  development  of  operating  efficiency 
was  also  accompanied,  as  it  was  pointed  out,  in  a  decreased  cost 
of  outlay  for  wages,  per  unit  of  traffic  handled,  to  the  railroads 
for  engineers  and  firemen.  These  employes,  it  was  shown, 
hauled  more  units  of  traffic  as  tons  or  passengers  for  each 
dollar  received  by  them  in  compensation.  The  revenue  gains 
or  profits,  arising  from  these  methods  of  operation,  were  sufficient 
to  pay  all  increases  in  operating  expenses,  reasonable  and  fair 
returns  on  additional  capital  investment  in  the  properties  and 
equipment  of  Western  railroads,  and  to  leave  an  immense 
surplus,  during  recent  years,  for  the  additional  remuneration  of 
engineers  and  firemen  and  other  railroad  employes.  During  the 
past  five  years  it  was  shown  that  a  surplus  of  more  than  $50,- 
000,000  had  been  thus  developed,  and  engineers  and  firemen,  by 
their  witnesses,  demonstrated  that  they  should  have  a  reason- 
able and  fair  share  in  these  revenue  gains  in  accordance  with 
their  increased  labors  and  responsibilities. 

An  impartial  examination  of  the  financial  condition  of  the 
Western  railroads,  as  set  forth  in  the  employes'  exhibits,  can 
leave  no  doubt  that  the  railroads  are  able  to  pay  reasonable 
advances  in  wages  without  detriment  to  their  bond  and  stock- 
holders, and  without  interfering  with  necessary  improvements 
to,  or  extensions  of,  their  properties.  The  aggregate  surplus  of 
43  representative  Western  companies,  parties  to  the  present  pro- 
ceedings, reported  on  June  30,  1914,  was  $625,895,415,  of  which 
sum  $208,278,196  was  in  actual  cash  available.  Less  than  one 
per  cent  of  the  Western  railroads  (the  finances  of  which  had 
been  under  proper  management)  were  operated  at  a  deficit 
during  the  fiscal  year  1914.  The  amount  disbursed  in  dividends 
by  Western  railroads  was- greater  in  1914  than  in  1913  or  in 
1910.  Many  Western  railroads,  it  was  also  shown,  have  con- 
cealed assets  of  great  value.  The  timber,  oil,  and  mineral  lands 
of  the  Southern  Pacific  have  been  estimated  to  have  a  value 
$666,000,000  greater  than  that  reported  to  the  Interstate  Com- 
merce Commission.  The  Northern  Pacific,  Santa  Fe  and  other 
companies  have  also  between  $50,000,000  and  $100,000,000  in 


30 

timber  holdings  which  do  not  appear  among  their  reported 
assets. 

Immense  financial  resources,  which  should  now  be  available, 
have  been  shown  to  have  been  dissipated  by  improper  financial 
management.  Of  the  dividends  paid  in  1914,  more  than  $43,000,- 
000  was  disbursed  by.  Western  railroads  on  fictitious  capital 
stock.  The  evidence  shows  that  during  the  past  ten  years  more 
than  $250,000,000  was  given  away  in  stock  bonuses  by  only  eight 
representative  Western  railroads.  It  was  also  shown  that,  dur- 
ing recent  years  large  amounts  have  been  lost  in  commissions 
and  discounts  paid  to  bankers.  Banking  control,  it  was  shown, 
had  become  so  concentrated  that  practically  all  Western  rail- 
roads were  controlled  by  the  Morgan  and  Rockefeller  groups 
of  affiliated  banking  institutions.  The  fact  was  clearly  proven 
that  no  Western  railroad,  whose  finances  had  been  properly  man- 
aged, is  in  an  unfavorable  financial  condition  at  the  present 
time.  It  was  also  shown  from  the  operating  reports  of  the  rail- 
roads that,  whatever  ill  effects  Western  railroads  had  suffered 
from  the  business  depression  of  1914,  were  rapidly  passing 
away  in  the  upward  trend  of  trade  and  industry. 

A  great  opportunity  to  bring  about  industrial  peace,  and 
the  hearty  co-operation  of  the  employers  and  the  employes,  has 
been  lost  by  the  failure  of  the  Board  to  equitably  and  justly 
settle  the  questions  involved.  We  believe  the  public  is  greatly 
interested  in  the  safe  and  proper  operation  of  railroads,  and  we 
had  hoped  that,  by  this  award,  the  question  of  wages  and  work- 
ing conditions  would  be  settled  and  allowed  to  rest  for  several 
years;  but  to  expect  such  a  condition  when  the  finding  of  the 
Board  becomes  public,  is  hopeless. 

As  representatives  of  the  engineers  and  firemen,  we  hold 
that  the  information  shown  by  some  railroads'  exhibits  is  calcu- 
lated to  mislead,  and  inaccurately  represent  the  actual  facts.  We 
fully  appreciate  that  the  wages  of  engineers  and  firemen,  in 
some  instances,  as  set  forth  in  railroad  exhibits,  might  appear 
liberal  when  the  aggregate  amounts  only  were  considered;  but, 
close  investigation  in  every  such  case  revealed  the  fact  that 
the  engineers  and  firemen  had  either  run  a  great  number  of 
miles  or  worked  from  thirteen  to  twenty  hours  per  day  during 


31 

the  month;  and  we  believe  that  such  a  plan  is  not  proper  to 
determine  whether  compensation  is  fair  or  unfair. 

An  attempt  to  pursue  such  a  method  would  compel  the  toiler 
to  work  more  hours  instead  of  raising  the  rate  per  hour,  and  this 
certainly  would  not  be  in  accord  with  the  principle  of  increas- 
ing labor's  share  of  results  produced.  If  such  a  reactionary 
policy  is  to  govern  this  Board  we  are  glad  for  the  privilege 
given  us  by  the  law  to  file  a  dissenting  opinion  in  order  that 
we  may  voice  our  disapproval  of  same,  for,  surely,  no  act  by 
a  Government  tribunal  could  more  keenly  bring  home  to  the 
wage  earners  of  this  great  country  the  consideration  they  might 
expect  if  Boards,  under  Government  supervision  and  control, 
were  to  review  and  adjust  their  wages  and  working  conditions 
on  that  basis..  The  whole  theory  is  so  repugnant  to  us  that  we 
feel  it  our  duty  to  advise  not  only  all  railroad  employes,  but 
every  organization  of  labor,  to  seek,  by  every  influence,  to  secure 
the  revocation  of  a  law  that  has  the  smallest  tincture  of  that 
principle  embodied  therein;  for  we  believe  that  the  application 
of  such  a  theory  brings  us  back  to  the  practices  and  conditions 
of  two  hundred  years  ago,  and  if  allowed  to  flourish  and  grow 
will  rapidly  place  the  American  wage  earner  in  a  condition  simi- 
lar to  that  of  the  Mexican  peon. 

The  rates  awarded  here  and  the  principles  promulgated 
simply  mean  a  sure  and  gradual  decline  in  rates  of  pay  now 
existing;  for  the  rates  awarded,  while  tabulated  as  minimum 
rates,  will,  in  effect,  prove  to  be  the  maximum  rates  on  many 
roads.  The  decision  of  this  Board  makes  it  practically  impossi- 
ble for  the  rates  granted  by  the  award  to  be  increased  except  by 
another  concerted  movement,  as  it  can  be  safely  assumed  no 
manager  will  increase  any  rate  through  mutual  negotiations. 
Therefore,  this  Board,  by  its  award,  has  created  a  condition 
that  forces  the  employes  to  regard  the  rates  fixed  as  maximum. 

To  more  clearly  illustrate  this  point,  the  rate  now  paid  on 
the  Chicago,  Milwaukee  &  St.  Paul  Eailroad  per  100  miles  in 
through  freight  service  is  $5.55  for  engines  with  weight  on  driv- 
ers from  200,000  to  225,000.  The  award  not  only  fixes  the  rate 
at  $5.45  per  100  miles,  but  provides  that  this  rate  shall  apply 
to  all  engines  under  250,000  on  drivers,  thereby  reducing  the 
rate  and  increasing  the  labors  of  engineers  and  firemen.    The 


32 

rate  now  in  effect  on  a  number  of  railroads  per  100  miles  is 
$5.65  for  engines  weighing  from  225,000  to  250,000  on  drivers, 
and,  the  awarded  rates  being  $5,45  per  100  miles,  it  must  be  ap- 
parent that  roads  purchasing  these  large  engines  in  the  future 
will  be  under  no  obligation  to  pay  the  rate  that  now  obtains 
on  neighboring  lines,  but  will  apply  the  rate  fixed  by  this  Board 
which  simply  means  a  gradual  decrease  of  rates  fixed  by  mutual 
agreement  through  the  evolution  of  the  minimum  rate  to  the 
maximum  rate. 

We  could  at  great  length  give  numerous  illustrations  of  this 
kind,  which  apply  equally  to  engineers  and  firemen,  but  our  only 
purpose  is  to  show  the  unfairness  of  the  award  as  handed  down 
by  a  majority  of  this  Board  and  this,  in  our  judgment,  compels 
us  to  file  a  dissenting  opinion ;  to  do  otherwise  would  tacitly 
give  assent  to  an  award  that  does  not  permanently  settle  any 
of  the  questions  involved,  and  one  that  unquestionably  will  cre- 
ate chaos  and  ill-feeling  among  all  classes  of  train  service  em- 
ployes and  particularly  engineers  and  firemen. 

While  it  is  true  that  we  have  supported  and  agreed  with  a 
few  of  the  findings  as  set  out  in  the  Award,  yet  they  are  so  few 
in  number,  and  their  relative  importance  so  insignificant  as 
compared  with  the  remainder,  that  we  do  not  see  any  advantage 
in  specifically  referring  to  them. 

(Signed)  TIMOTHY  SHEA,  Arbitrator. 

(Signed)  F.  A.  BURGESS,  Arbitrator. 


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